The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prescribes offices, ranks and positions for the purpose of section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11) (“the 2000 Act”). Under that section individuals holding such offices, etc may grant authorisations under sections 6 and 7 of the 2000 Act for the use of directed surveillance and covert human intelligence sources respectively.

Article 2(2) provides that where an office, etc is listed in column 2 of Schedule 1, all more senior offices, etc may also grant authorisations under section 6 or 7 of the 2000 Act. Article 2(3) clarifies that if an office, etc is described by reference to an agency, unit, branch, division or part of an authority, article 2(2) only applies to more senior offices, etc within that part of the public authority.

Articles 3(1) and (2) provide that the offices, etc listed in column 3 of Schedule 1 may only grant authorisations under sections 6 or 7 of the 2000 Act in urgent cases. Article 3(3) clarifies that if an office, etc is described by reference to an agency, unit, branch, division of other part of an authority, article 3(2) only applies to more senior offices, etc within that part of the public authority.

Article 4 amends section 8(3) of the 2000 Act to remove a number of health bodies from the list of relevant public authorities for the purposes of sections 6 and 7. These bodies may no longer grant authorisations for the use of directed surveillance and covert human intelligence sources.

As this Order is consolidating, article 5 revokes the previous Orders detailed in Schedule 2.